Burke ex rel. Harrison v. Allen
Supreme Court of Pennsylvania
This suit was tried at bar last September term. It was debt on a bend dated 23d April 1796, conditioned for the payment of 337I. 10s. in six several instalments, which was informally assigned to Harrison, on some day previous to the 21st January 1797, and whereon the assignee had received from the obligor 50 dollars on the 2d February, and 150 dollars on the 24th April 1797. It was given in part consideration of certain lands sold and conveyed to Allen by Burke on the same…
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This suit was tried at bar last September term. It was debt on a bend dated 23d April 1796, conditioned for the payment of 337I. 10s. in six several instalments, which was informally assigned to Harrison, on some day previous to the 21st January 1797, and whereon the assignee had received from the obligor 50 dollars on the 2d February, and 150 dollars on the 24th April 1797. It was given in part consideration of certain lands sold and conveyed to Allen by Burke on the same 23d April 1796, but the deed for the premises was not recorded until the 12th February 1798. But prior to this date, on…
1Opinion of the CourtShippen, C. J.
Elizabeth Kintzing, though a bona fide creditor, lost the surety of her mortgage, as to all other persons except Burke, and those who were in pari delicto, by not recording her mortgage in six months. Allen was an innocent purchaser, ignorant of the mortgage. He therefore shall not suffer by her default, who by not recording in time, put it in the power of Burke to deceive him. As to Harrison, he was an innocent assignee of Burke; and though in general, an assignee stands in the shoes of the assignor, yet this appears to me one of those cases, where an assignee stands on better ground, than…
2Cited by9 opinions
- Jaques v. WeeksSupreme Court of Pennsylvania · 1838
- Prescott v. HeardMassachusetts Supreme Judicial Court · 1813
- Freeman v. BelferSupreme Court of North Carolina · 1917
- Turnpike Co. v. CommonwealthSupreme Court of Pennsylvania · 1834
- Freeman v. . BelferSupreme Court of North Carolina · 1917
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